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  • Williams v. Metropolitan Atlanta Rapid Transit Auth.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Daniel MacDougald III, Larry K. Butler Butler & MacDougald PC, David A. Webster, Atlanta, and Richard M. Goodman, Detroit, Mich., for appellant.
    for defendant: Walter B. McClelland Chambers, Mabry, McClelland & Brooks, Robert J. Routman MARTA Law Dep't, Atlanta, C. Wade McGuffey Jr. and Jennie R. Halenza Goodman McGuffey Austin & Lindsey LLP, Atlanta, for appellee. Other party representation: W. Seaborn Jones and Roger K. Whitesides Gleaton Scofield Egan & Jones, Atlanta.
    Case Number: A00A2044

    The Georgia Employer's Liability Act does not apply to the Metropolitan Atlanta Rapid Transit Authority, even though MARTA is a common ca

  • City of Atlanta v. Arnold

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Susan P. Langford and Bruce P. Johnson City of Atlanta Dep't of Law, Atlanta, for appellant.
    for defendant: Todd K. Maziar, Atlanta, for appellee.
    Case Number: A00A1056

    An injured police officer who quit work to receive a disability pension could not show that he was entitled to a resumption of temporary disability benefits based on a change in condition because he

  • Anthem Casualty Ins. Co. v. Murray

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Daniel C. Hoffman Young, Thagard, Hoffman, Scott & Smith, Valdosta, for appellant.
    for defendant: Douglas L. Gibson Gibson & Spivey, Neal L. Conner Jr. Kopp & Conner PC, Waycross, Blanche R. Miller Hawkins & Parnell, Atlanta, and Joan P. Shaker Swift, Currie, McGhee & Hiers, Atlanta, for appellee.
    Case Number: A00A1501, A00A2304

    Given the conflicting evidence as to whether the employee was fully compensated for his catastrophic on-the-job injuries, the worker's compensation insurer was not entitled to summary judgment on it

  • Ellerbee v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Tamara Jacobs Lindsey & Jacobs, Barnesville, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Jamie K. Inagawa, Assistant District Attorney, Thomaston, for appellee.
    Case Number: A00A1849

    The state's failure to comply with the notice requirements for admissibility of simi ansaction evidence as set forth in USCR 31.1 was harmless because the defendant had actual notice of the sim

  • Nealy v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David D. Bishop, Marietta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and George W.K. Snyder Jr., Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1453

    Defendant could not show prejudice from his counsel's failure to demand a speedy because he was not harmed by the 18-month delay between his arrest and

  • Villedrouin v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A1427

    The defen as not guilty of forgery by uttering a writing in such a manner that the writing purported to have been made by another person because the uncontroverted evidence showed that the defe

  • In the Interest of N.Y.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jerry W. Moncus, Dalton, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson and Laura W. Hyman, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Richard K. Murray, Dalton.
    Case Number: A00A2303

    Evidence that the father physically abused the younger child and was present in the house when the older child was sodomized by her boyfriend supported the order extending DFACS' temporary custody o

  • Toal v. DeKalb Med. Ctr. Inc.

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James C. Rawls, V. Robert Denham Jr., Sara K. Sledge and Holly A. Pierson Powell, Goldstein, Frazier & Murphy, Atlanta, for appellant.
    for defendant: . Thurbert Baker, Attorney General, William C. Joy, Senior Assistant Attorney General, Per B. Normark and Dennis R. Dunn, Assistant Attorneys General, Atlanta, for appellees.
    Case Number: A00A1654, A00A1655

    Georgia's 1996 Medicaid reimbursement plan was invalid because the Georgia Department of Medical Assistance adopted the plan without make the findings necessary to insure that the plan provided for

  • Metropolitan Property and Cas. Ins. Co. v. Zeller

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Anderson and Sean L. Hynes Downey & Cleveland, Marietta, for appellant.
    for defendant: Constance McManus, Marietta, for appellee.
    Case Number: A00A1791

    The insured was entitled to summary judgment on his insurance claim for the total loss of his vehicle because the insurer did not notify the vehicle's lien holder that it was canceling the policy fo

  • Schreiber Co.-Shurlington Plaza LP v. Norstan Apparel Shops of N.Y. Inc.

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James J. Brissette McGee & Oxford, Atlanta, for appellant.
    for defendant: Wendell K. Howell Jones, Cork & Miller and John E. Hall Jr., Macon, for appellees.
    Case Number: A00A1732

    The lessee's lost profits were material and relevant to show the damage it sustained from the lessor's breach of a non-competition c